State v. Salyer
State v. Salyer
Opinion of the Court
The defendant was charged with an unlawful assault upon one Janice Foor and one Mary Louise Foor. Jury trial having been waived the cause was tried to the Court which found the defendant guilty as charged in the indictment.
The record discloses that on May 10, 1946, Janice Foor, aged fourteen years, and Mary Louise Foor, aged ten years, had attended a motion picture theater, and sometime around 10:15 or 10:30, while proceeding homeward on Fourth Avenue they noticed a man about ten feet away coming out of an alley towards them, wearing a long coat, that looked like a raincoat, and a pair of arctics, containing three or four buckles, or a. pair of boots. He-had on a tee shirt or sweater and was walking with his hands in his pockets. As he got to the alley and right opposite the girls he opened his coat which disclosed that he was wearing no trousers, and he exposed himself to them. The two girls were positive in their identification of the defendant as the one who accosted them, and the defendant offered evidence to establish an alibi.
The errors assigned are:
(1) The evidence does not support a finding of guilty beyond a reasonable doubt, and that the verdict is against the manifest weight of the evidence.
(2) Errors in admission of evidence which was objected to during the trial.
(3) The Court erred in permitting counsel for the State to testify after a separation of witnesses had been requested.
(4) The testimony of counsel was highly prejudicial to the defendant’s rights.
(5) The Court erred in the overruling of a motion for a new trial based on the errors assigned and also on the ground of newly discovered evidence.
The record discloses further that Edmund B. Paxton and Vincent T. Martin, counsel for the State, were permitted to testify over the objection of the defendant, they having remained in the court room after a separation of witnesses had been requested. This is a matter which rests in the sound discretion of the Court and which we find was not abused.
The defendant complains further that their testimony was highly prejudicial. Even conceding this to be true for the sake of argument, no objection was made at the time to the specific questions and answers. Counsel for the defense thoroughly cross-examined them on this alleged prejudicial matter. It is too late to complain now and allege this as a ground for error proceedings.
Counsel for the defendant further contend that the trial court erred in not sustaining a motion for a new trial, especially since an affidavit was submitted alleging newly discovered evidence. This affidavit was offered by Helen Salyer, the wife of the defendant, who testified also at the trial. In it she alleges that James Salyer confessed to her the day after the trial that he committed the offense of which the defendant
We find no merit in any of the other assigned errors, and the judgment is affirmed. .
Case-law data current through December 31, 2025. Source: CourtListener bulk data.